Types of JP (8)

• What are the 3 types of precedents?

  • Original Precedent
  • Binding Precedent
  • Persuasive Precedent
• Original Precedent

  No previous cases or Acts of Parliament - judge makes a rule which is the original precedent

  
  

  This then becomes a binding precedent for future cases

  
  

  Judges use reasoning by analogy (looking at similar cases)

  
  

  Hunter v Canary Wharf - judge used reasoning by analogy from Aldreds case to make a decision
• Binding Precedent

  Rule that other courts must follow as they are bound by it once precedents set - dependent on court hierarchy

  
  

  R v Howe set binding precedent - duress not defence to murder

  
  

  But this can be overruled by an Act of Parliament though
• Persuasive Precedent

  Does not have to be followed by court but can be useful in helping judges to make decision

  (Examples on next flashcard)
• Examples of Persuasive Precedent

  Decisions of lower courts - higher courts don't have to follow precedents set by lower courts - R v R

  
  

  Obiter dicta comments - if they discuss hypothetical situations judges in future may be persuaded by them - R v Howe and R v Gotts

  
  

  Decisions of judicial committee of privy council - Supreme court = highest appeal court - Wagon Mound

  
  

  Decisions from other countries - influenced by other countries with similar legal systems - Lister v Hesley Hall influenced by Canada
• Last example

  Dissenting judges - judges who fall in minority write reasoning, future

  judges may be influenced - Candler and Heller